Welcome to weddingcandelabra.com.
This website is operated by Exquisite Trading, Inc.
These terms and conditions of use apply to and govern
your use of the website www.weddingcandelabra.com
website (the "Site"). Your use of the Site signifies
your agreement to be bound by these terms and
conditions. If you do not agree to be bound by these
terms and conditions of use, you may not access or
otherwise use the Site weddingcandelabra.com
Terms & Conditions Of Use
User License
Exquisite Trading, Inc. grants you a
non-exclusive, non-transferable, limited right to
access, use and display of the Site and the materials
thereon for your personal use only, provided that you
comply fully with these terms and conditions of use.
You shall not interfere or attempt to interfere with the
operation of the Site in any way through any means or
device including, but not limited to, spamming, hacking,
uploading computer viruses, or other means expressly
prohibited by any provision of these terms and
conditions of use.
Changes
Exquisite Trading, Inc. reserves the right, at
its sole discretion, to change, modify, add or remove
any portion of these terms and conditions of use,
including but not limited to Content, features, or hours
of availability, in whole or in part, at any time.
Changes in these terms and conditions of use will be
effective when posted. You agree to review these terms
and conditions of use periodically to be aware of any
changes. Your continued use of the Site after any
changes to these terms and conditions of use are posted
will be considered acceptance of those changes.
Ownership & Restrictions
Exquisite Trading, Inc. owns, controls,
licenses or has the right to use and provide the Site
and all material on the Site, including without
limitation text, images, articles, photographs,
illustrations, audio and video clips, (collectively the
"Content"). The Site is protected by copyright as a
collective work and/or compilation, pursuant to U.S.
copyright laws, international conventions, and other
copyright laws. Exquisite Trading, Inc. is the owner of
the copyright of the entire Site. Exquisite Trading,
Inc. owns a copyright in the selection, coordination,
arrangement and enhancement of the Site. You agree to
abide by any and all copyright notices, information or
restrictions displayed on the Site.
You may not modify, create derivative works from,
participate in the transfer or sale of, post on the
Internet, or in any way exploit the Site or any portion
thereof for any public or commercial use without the
express written permission of Exquisite Trading, Inc.
You may download one a copy of Content from the Site for
your personal use, provided that you maintain all
copyright, attribution and other notices contained in
such Content, including without limitation trademarks
and service marks of Exquisite Trading, Inc. and its
affiliates or the copyright holder identified in the
individual Content's copyright notice. You acknowledge
that you do not acquire any ownership rights by
downloading copyrighted material. You are responsible
for complying with all applicable laws; rules and
regulations regarding your use of any such downloaded
Content. In the event of any permitted copying,
redistribution or publication of material from the Site,
no changes in or deletion of author attribution,
trademark, legend or copyright notice shall be made.
You may obtain more information on the copyrights,
trademarks, and service marks of Exquisite Trading, Inc.
and its affiliates and Content owners by viewing the
Copyright and Trademark Notice.
Usage Policy
As a condition of your use of this Site, you warrant to
Exquisite Trading, Inc. that you:
-
Will only use this Site for lawful purposes in
accordance with our terms and conditions.
-
Agree with our online Privacy Policy.
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Agree to honor our intellectual property rights.
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Agree to provide us with accurate information as
necessary for the proper conduct of electronic
commerce through our Site and to take responsibility
for the information you provide.
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Acknowledge that we may be unable to process and
shall have no responsibility to process transactions
the accuracy of which we cannot validate.
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Agree not to create a link (other than personal
"bookmark" or "favorites" entry) to our Site without
first obtaining our written permission.
-
Will refrain from using profane, vulgar,
inflammatory, libelous, or similarly discourteous
language in any e-mail or form entry created through
this Site.
Indemnification
You shall indemnify, defend and hold harmless Exquisite
Trading, Inc., its parent, subsidiary and other
affiliated entities, and all their officers, directors,
owners, agents, employees, Content providers,
affiliates, licensors and licensees (collectively, the
"Indemnified Parties") from and against any and all
losses, damages, liabilities, and claims and all fees,
costs, expenses, of any kind related thereto (including,
without limitation, reasonable attorneys' fees) incurred
by the Indemnified Parties in connection with any claim
arising out of, based upon or resulting from your use of
the Site. Exquisite Trading, Inc. reserves the right,
at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to
indemnification by you and you shall not in any event
settle any matter without the written consent of Exquisite
Trading, Inc.
Links
The Site may contain links and pointers to the other
related
Internet sites, resources, and sponsors of the
Site. Links to and from the Site to other third party
sites, maintained by third parties, does not constitute
an endorsement by Exquisite Trading, Inc. or any of its
parent companies, subsidiaries and affiliates of any
third party resources or their contents. Links do not
imply that Exquisite Trading, Inc. or the Site sponsors
are affiliated or associated with or are legally
authorized to use any trademark, trade name, logo or
copyright symbol displayed in or accessible through the
links, or that any linked sites are authorized to use
any trademark, trade name, logo or copyright symbol of
Exquisite Trading, Inc. or any of its affiliates. You
should direct any concerns regarding any external link
to its site administrator or Webmaster of
weddingcandelabra.com.
Exquisite Trading, Inc. does not represent or endorse
the accuracy or reliability of any advice, opinion,
statement, or other information displayed or distributed
through the Site. You acknowledge that any reliance
upon any such opinion, advice, statement, memorandum, or
information shall be at your sole risk. Exquisite
Trading, Inc. reserves the right, in its sole
discretion, to correct any errors or omissions in any
portion of the Site.
Disclaimer of Warranties and Damages; Limitation of
Liability
THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS,
MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED
THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS
AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES
OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. NEITHER Exquisite
Trading, INC. NOR ITS CONTENT PROVIDERS WARRANT THAT THE
FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE
WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT
MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS; NOR DO THEY MAKE ANY WARRANTY OR
REPRESENTATION AS TO THE ACCURACY OR RELIABILITY OF THE
SITE, THE CONTENT THEREOF, THE MATERIALS, INFORMATION
AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR
ACCESSED THROUGH THE SITE, ANY PRODUCTS OR SERVICES OR
HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF
SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE
INFORMATION THROUGH THE SITE OR ANY LINKED SITE.
EXQUISITE TRADING, INC. AND ITS PARENT COMPANIES,
SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL
NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING WITHOUT
LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN
UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING
BUT NOT LIMITED TO Exquisite Trading, INC.'S
NEGLIGENCE. IF YOU ARE DISSATISFIED WITH THE SITE OR
ANY MATERIALS ON THE SITE, YOUR SOLE REMEDY IS TO
DISCONTINUE USING THE SITE.
UNDER NO CIRCUMSTANCES SHALL Exquisite Trading, INC. ITS
PARENT COMPANIES, SUBSIDIARIES, AFFILIATES OR CONTENT
PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY
RELATED TO THE USE OF, OR THE INABILITY TO USE, THE
CONTENT, MATERIALS AND FUNCTIONS IN THE SITE, INCLUDING
WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED
PROFITS OR LOST
BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED
REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE
TOTAL LIABILITY OF Exquisite Trading, INC., ITS PARENT
COMPANIES, SUBSIDIARIES AND AFFILIATES TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND
CONDITIONS OF USE OR YOUR USE OF THE SITE EXCEED, IN THE
AGGREGATE, $100.
Rights to Materials Provided by Users
Exquisite Trading, Inc. welcomes your comments regarding
our merchandise and services, including the Site.
However, any or all material and information provided by
you to the Site may be included in a database owned by
Exquisite Trading, Inc. and its subsidiaries and
affiliates in which we have rights and interest,
including but not limited to, the compilation
copyright. We reserve the right to use any information
or materials you provide to us or that we obtain through
your use of the Site to the fullest extent permitted by
law.
By posting messages, uploading files, inputting data or
engaging in any other form of communication
(individually or collectively "Communications") to or
within the Site, you grant to Exquisite Trading, Inc. a
perpetual, worldwide, irrevocable, unrestricted,
non-exclusive, royalty-free license to use (including
use for promotional and
advertising purposes), copy, license, sublicense,
adapt, distribute, display, publicly perform, reproduce,
transmit, modify, edit and otherwise exploit such
Communications and any ideas or original materials
contained in such Communications, in all media now known
or hereafter developed. This grant shall include the
right to exploit any and all proprietary rights in such
Communications including, without limitation, any and
all rights under copyright, trademark, service mark or
patent laws under any relevant jurisdiction. You waive
all rights you may have to inspect and/or approve of any
use by Exquisite Trading, Inc. of any material or idea
submitted by you in any Communications or receive any
compensation for such use. You waive all rights to any
claim against Exquisite Trading, Inc. for any alleged or
actual infringements of any proprietary rights, rights
of privacy and publicity, moral rights, and rights of
attribution in connection with such Communications. You
agree and understand that Exquisite Trading, Inc. is
under no obligations to use any material or ideas
submitted by you in any Communications in any way
whatsoever.
General Provisions
These terms and conditions of use shall be governed by
and construed in accordance with the laws of the State
of New Jersey, without regard to conflicts of laws
provisions. The sole and exclusive jurisdiction for any
action or proceeding arising out of or related to these
terms and conditions of use shall be an appropriate
State or Federal court located in Mercer County in the
State of New Jersey and you hereby irrevocably consent
to the jurisdiction of such courts. If for any reason a
court of competent jurisdiction finds any provision of
these terms and conditions of use, or portion thereof,
to be unenforceable, that provision shall be enforced to
the maximum extent permissible so as to effect the
intent of these terms and conditions of use, and the
remainder of these terms and conditions of use shall
continue in full force and effect. These terms and
conditions of use constitute the entire agreement
between you and Exquisite Trading, Inc. with respect to
the subject matter hereof, and supersede all previous
written or oral agreements between the parties with
respect to such subject matter. No waiver by either you
or Exquisite Trading, Inc. of any breach or default
hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default. The section
headings used herein are for convenience only and shall
not be given any legal import. "Exquisite Trading,
Inc." as used herein shall mean Exquisite Trading, Inc.
Acceptance of Policy
By using this Site, you signify your assent to our
Privacy Policy. If you do not agree to this policy,
please do not use our Site. We reserve the right, at
our discretion, to change, modify, add, or remove
portions from this policy at any time. Your continued
use of our site following the posting of changes to
these terms means you accept these changes.
Copyright And Trademark Notice
Copyright 2003-2007 by Exquisite Trading, Inc.
All Rights Reserved.
All materials contained on this Site are subject to the
ownership rights of Exquisite Trading, Inc. and its
suppliers. Exquisite Trading, Inc. hereby authorizes you
to make a single copy of the content herein for your use
in learning about, evaluating, or ordering merchandise
from weddingcandelabra.com. You agree that any copy made
must include Exquisite Trading, Inc.'s copyright
notice. No other permission is granted to you to print,
copy, reproduce, distribute, transmit, upload, download,
store, display in public, alter, or modify the content
contained on this website.
This Site also contains trademarks of Exquisite Trading,
Inc. protected under United States and International
Trademarks laws. Use of such marks without Exquisite
Trading, Inc.'s written permission is strictly
prohibited
AGREEMENT
By making use of the Web site, you, the Customer,
represent that you have read, understand and agree to be
bound by the foregoing terms and conditions and notices
without modification. |